Barker Olmsted
& Barnier
Celebrates
Over A Decade
Supporting
San Diego
Businesses
San Diego attorneys representing clients in the areas of employment law, construction law, commercial litigation, real estate, business transactions, estate planning, and more.
Contact Information
Barker Olmsted & Barnier, APLC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Phone (619) 682-4040
Facsimile (619) 220-7056
E-mail info@barkerolmsted.com
LEGAL UPDATE
November 2008 Legal Update
WAGE & HOUR UPDATE: California Meal And Rest Period Rules In Limbo---Again.
The California Supreme Court has granted review of a pro-employer meal and rest period case, Brinker Restaurant v. Superior Court. The Court may take a year or more to mull over the matter; in the meantime, California employers are left guessing about this baffling aspect of labor law.
WORKPLACE RIGHTS UPDATE: Employee Voting Rights.
Just in time for Election Day, we answer the following question: "A couple of my employees insist that they are permitted to take time off from work to vote on Election Day. Do I have to give them the time off?"
DISCRIMINATION LAW UPDATE: Employer Hit With Age and Sex Discrimination Lawsuit After RIF But Employees’ Claims Fail – Mostly.
Tough economic times have forced employers to layoff employees. Layoffs can lead to litigation when employees allege that illegal discrimination tainted the selection process. A recently published case out of the federal Tenth Circuit Court of Appeals, Sanders v. Southwestern Bell Telephone LP, provides an illustration of this problem.
FMLA COMPLIANCE REVIEW: Right to Reinstatement.
At the end of an FMLA leave, an employer must usually take an employee back into the same or an equivalent job. The same rules apply under the California Family Rights Act (“CFRA”). This article includes a review of the employer’s obligations.
EEOC UPDATE: EEOC Has Broad Power To Subpoena Employer Records.
When the EEOC files an administrative charge of discrimination against an employer, it frequently will demand that company records be produced. It will often ask for a description of computer data. If the company does not voluntarily comply, the EEOC may issue an administrative subpoena seeking to force production of the records. This article reviews a recent case, EEOC v. Federal Express, which illustrates just how broad this power can be.
UNEMPLOYMENT BENEFITS UPDATE: EDD Offers Alternative To Layoffs For California Employers.
The EDD offers what it calls a "Work Sharing Unemployment Insurance program." The program allows eligible employers to reduce hours of workers, and offers the employees partial unemployment benefits. This article addresses FAQs relating to that program.
Download the entire November 2008 Legal Update in PDF format:
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Employment Law
Guidelines
For Employers
INDEPENDENT CONTRACTOR STATUS?
Uncertain about whether your independent contractors are misclassified employees? Confused about 1099 vs. W-2? Our complimentary concise information sheet, "Determining Independent Contractor Status" has been prepared by employment law attorney Christopher Olmsted. It is available upon request. We will send you the free document if you contact our legal assistant Nicole (619) 682-4040 or email her at nrs@barkerolmsted.com.
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EXEMPTIONS. Need help with white collar wage and hour exemptions? Should your employees be classified as exempt or non-exempt? This chart provides a general description of the California and Federal rules regarding executive, administrative, professional, sales, and other exempt classifications. For the free chart, email our assistant Nicole at nrs@barkerolmsted.com.
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LEAVE LAWS.Employers have a difficult time determining which leave laws apply to their organization, what obligations are imposed, and what employee entitlements arise under the leaves of absence potentially applicable. Updated to include California and federal military leave rights. For a free chart summarizing California and Federal Leave of Absence laws, email our assistant Nicole at nrs@barkerolmsted.com.
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SEXUAL HARASSMENT PREVENTION TRAINING
Barker Olmsted & Barnier employment law attorneys offer interactive workshops, presented to both management and staff, tailored to each company's Sexual Harassment policy. Competitive cost!
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Sexual_Harassment_Prevention_Training.pdf |
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UPCOMING
EMPLOYMENT
LAW
SEMINARS
California Leaves of Absence
Date: November 13, 2008
Time: 8:30 a.m. to 4:30 p.m.
Location: The Handlery Hotel and Resort, 950 Hotel Circle North San Diego, California
Click here for agenda details.
Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.
Workplace Investigations
December 12, 2008
Location: Sheraton Suites, San Diego
Time: 8:30-4:30
Continuing Education Credit Available
Workplace investigations present both opportunity and peril. Properly conducted, investigations identify and remediate personnel conflicts and potential legal liability. But the unschooled investigator can exacerbate employer liability. This seminar arms you with essential strategies and skills needed to protect the employer. It presents a unique combination of industrial psychology, HR best practices and legal risk management. Whether you are new to the field or have years of experience, you'll walk away with the ability to confidently handle every challenge you face.
Topics Include:
When and Why to Investigate
How to Properly Plan and Conduct an Investigation
Strategic Interviewing
Concluding the Investigation.
Click here for agenda details.
Or Email Nicole Ranney-Schard for more information: nrs@barkerolmsted.com.
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